McKune v. City of New York

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered July 28, 2004, which, to the extent appealed from, granted defendant’s motion to dismiss the complaint for failure to comply with the notice of claim requirements of General Municipal Law §§ 50-e and 50-i, unanimously modified, on the law and the facts, without prejudice to plaintiffs commencement of a new action, pursuant to CPLR 205 (a), within six months after service on plaintiff of a copy of this order, with notice of entry, and otherwise affirmed, without costs.

Plaintiff, the administratrix of the estate of Robin Gillard,…